The Russian Investigative Committee has refused the application from Sergei Magnitsky’s mother to bring to account those responsible for the use of rubber batons on her son before his death in detention.

Mr Veseliev, Deputy head of section of the Main Investigative Department of the Russian Investigative Committee, stated in refusing the application that the decision to terminate the investigation was based on “the collection of gathered evidence” and “was checked by the head of the investigative body and prosecutor, no grounds to change the decision were found.” The decree does not provide any concrete ground in relation to the decision not to investigate the use of rubber batons.
The application from Magnitsky’s mother stated that the use of rubber batons was confirmed by the post-mortem medical examination, yet the investigation closed the criminal case into Magnitsky’s death without bringing to account those responsible. Her application said:

“I request to conduct a full probe by investigative means into the use of special means – metallic handcuffs and rubber batons – on 16 November 2009 at the time when he [Magnitsky] was delivered in grave condition to Matrosskaya Tishina detention center for the purpose of providing him with emergency medical care.”

Sergei Magnitsky died on 16 November 2009. Despite the conclusions from four independent expert examinations that he was tortured in detention, the Russian Investigative Committee has refused to investigate.

Russian InvestigatoroftheInvestigativeCommitteeAndreiStrizhov, who closed the Magnitsky death case investigation,andDeputyGeneralProsecutorofRussiaVictorGrin, the overseeingprosecutor, were bothsanctionedby the US Government attheendofDecember 2014 fortheirrolein concealing the legal liability of persons responsible for Magnitsky’s ill-treatment and death, in accordance with the Sergei Magnitsky Rule of Law Accountability Act of 2012

As the world marks the fifth anniversary of the murder in Russian police custody of Hermitage Capital’s lawyer, Sergei Magnitsky, the Russian government is pushing Interpol to arrest William Browder, CEO of Hermitage and leader of the Magnitsky Justice campaign.

Interpol’s Commission for Control of Files will be deciding on the Russian government’s third Red Notice application for Browder at the meeting on November 20th – 21st 2014 at the Interpol headquarters in Lyon. The Interpol Commission rejected Russia’s previous two applications for Browder as “predominantly political” and contrary to Interpol’s Constitution.

“Russia has clearly disregarded Interpol’s two previous decisions on Mr Browder’s case as political, and continues to press Interpol on the basis of a barbaric posthumous trial and documents prepared by Russian officials in the Magnitsky case who have been sanctioned in the West,” said a Hermitage Capital representative.

The Browder-led Magnitsky justice campaign has been credited with successfully imposing US visa and financial sanctions on Russian Interior Ministry officials and judges responsible for Sergei Magnitsky’s arrest, ill-treatment and death in custody.

Now Russia is pressing Interpol to arrest Mr Browder on the basis of the Russian case organized by those same sanctioned Russian Interior Ministry officials and judges. The case has been ongoing for many years, and has been highlighted by the Council of Europe as emblematic of politically motivated abuses of the justice system in Russia.

Russia’s third request to Interpol for Browder’s arrest is based on that same case, which culminated last year in Russia with the convictions of Sergei Magnitsky posthumously and Mr Browder in absentia as “co-conspirators” in the first-ever posthumous trial in Russian history. It is only the second posthumous trial in European history, since the 897 Cadaver Synod when Pope Formosus’ remains were dug out of the ground to face charges after a verdict by Pope Stephen VI that the deceased had been unworthy of the pontificate.

Today’s equivalent of Pope Stephen VI is Russian judge Igor Alisov. He presided over the posthumous trial of Sergei Magnitsky and in absentia trial against Browder in July 2013, and one month later he was promoted by Russia’s President Vladimir Putin. In May 2014, Judge Alisov was placed on the Magnitsky sanctions list by the US Government.

Judge Elena Stashina is another Russian judge involved in the posthumous/in absentia proceedings against Magnitsky and Browder. Under the same case, she signed the arrest warrant for Mr Browder and earlier for Mr Magnitsky. Serving as the Tverskoi district judge in Moscow when Sergei Magnitsky was alive, she rejected his complaints about cruel treatment and violations of his rights, and extended his detention without trial just four days before he was killed.

Judge Stashina has also been sanctioned by the US Government under the “Sergei Magnitsky Rule of Law Accountability Act of 2012.”

This week it will be up to Interpol’s Commission, led by Ms Vajic with four specialists from Canada, France, Turkey, and Mauritius, to decide whether to uphold Interpol’s two previous rejections of the Russian request, or to approve the request, using the posthumous trial as the basis for that change in position. The latest Russian request forms part of the Russian state’s political attack against Mr Browder, which has been ongoing for several years.

Sergei was my lawyer who was murdered because he exposed one of the largest government corruption schemes in Russian history. After he testified against the police officers involved, he was arrested by the same officers and was then systematically tortured for 358 days. On November 16, 2009 he went into critical condition and instead of being treated, he was put in an isolation cell and beaten by eight riot guards with rubber batons until he was dead at the age of 37.

When I learned of Sergei’s death, it was the worst news I had ever received in my life. It was like a knife going into my heart and I made a vow to myself, his family and his memory that I would get justice for him. For five years, I have tried to get that justice, but the Russian government has used every tool at their disposal to thwart me. They claimed Sergei was never tortured and he died of natural causes. They claimed that he never uncovered or exposed a crime, but was the one guilty of one. And most shockingly, they exonerated every single Russian state employee involved in spite of a mountain of documentary evidence to the contrary.

It became clear to me that there was no possibility of justice inside of Russia so I sought justice outside of Russia and have advocated for sanctions against the people who killed Sergei in many countries in the West. Three years after Sergei’s death, the US government signed the Sergei Magnitsky Rule of Law Accountability Act imposing visa sanctions and asset freezes on those involved in Sergei’s death as well as other human rights violations. Similar sanctions are being considered by governments in Europe as well.

Putin and his government have become infuriated at the global reaction to Sergei’s case and have lashed out in all sorts of ways. Shortly after the Magnitsky Act was passed, Putin banned US adoptions of disabled Russian children. In 2013, more than three years after Sergei died, they put him on trial in the first ever posthumous trial in the history of Russia. They also put me on trial in absentia as his co-defendant and sentenced me to nine years.

When I first started this campaign, many people thought that what happened to Sergei was some kind of anomaly. They said “this is a sad story, but probably a one-off”, but as time has gone by, more and more cases like this have surfaced and it’s becoming obvious to everyone that Russia is a criminal state taking innocent people hostage and doing horrific things to them. The most recent actions in Ukraine make it clear to even the most ardent Russian apologists that Russia is engaging in all sorts of atrocities and brazenly covering them up.

What happened to Sergei is now a global symbol of everything that is wrong with Russia, from the actual crime of what they did to Sergei to the high level cover-up to the threats against me and others seeking justice. Despite the many horrific threats and all the misinformation Russia is spewing out in this case, I won’t back down in my call for justice for Sergei Magnitsky and neither will those close to him. We will not stop until the people who tortured and killed Sergei are properly brought to justice.

To commemorate the fifth anniversary of Sergei Magnitsky’s death in Russian police custody, please join us by watching a short song on YouTube devoted to Sergei’s life and his sacrifice (LINK to Song).

Sergei Magnitsky was a 37-year old Russian anti-corruption lawyer who uncovered a $230 million fraud perpetrated by Russian government officials and organised criminals. After he implicated Russian police officers in the crime, he was arrested by the very same officers, tortured and brutally killed at Matrosskaya Tishina pre-trial detention center in Moscow on 16 November 2009.

The Magnitsky music video goes on to show poignant images of Russians protesting against the impunity in the Magnitsky case carrying posters: “Fighting Corruption Can Kill”; “Putin is not Russia”, “Our Freedom Can’t Be Taken Away”, “I Will Fight for My Rights.”

Russian Civil Rights Activists in Magnitsky Protests in Moscow

The Magnitsky music video also presents images of a young Sergei Magnitsky, and of his resting place at a Moscow cemetery.

The video concludes with a photo of Sergei on holiday with his friends and the by-line: “Russian hero.”

While the killing of Sergei Magnitsky has ignited worldwide condemnation and lead to numerous political and legal calls for justice around the globe, five years on there has still been no justice for Sergei Magnitsky in Russia. Instead, he himself was posthumously prosecuted in the first posthumous trial in the history of Russia, with the judge presiding at the trial immediately promoted by Russian President Vladimir Putin. The Russian authorities also last year closed the investigation into his death finding “no sign of crime,” and refused all applications from Sergei Magnitsky’s mother to reopen the investigation into the evidence of his torture and murder.

On Friday, the US State Department released a statement on the eve of the fifth anniversary of Sergei Magnitsky’s death which says:

“Despite widely-publicized, credible evidence of criminal conduct resulting in Magnitskiy’s death, Russian authorities have failed to bring to justice those responsible. We remain concerned about impunity for this crime and the atmosphere of intimidation for those who work to uncover corruption or human rights abuses in the Russian Federation. On the fifth anniversary of Magnitskiy’s death, we continue to call for full accountability for those responsible for his unjust imprisonment and wrongful death and we will continue to fully support the efforts of those in Russia who seek to bring these individuals to justice, including through implementation of the Sergei Magnitsky Rule of Law Accountability Act of 2012.” (http://www.state.gov/r/pa/prs/ps/2014/11/234094.htm)

Sergei Magnitsky’s case and the impunity of the Russian officials involved have become a symbol of the corruption and failing justice system in Russia, and of the abuse of the rights of its citizens who challenge the authorities.

The Sergei Magnitsky tribute song was written by a songwriter Samuel Smith, and recorded as a result of a request made on www.movements.org, a crowd-sourcing platform for human rights activists around the world. The video directed by Alexandra Ageeva has been created by Russian civic rights activists, including Pussy Riot, who conducted a series of one-person protest actions around Moscow this summer.

Tribute to Sergei Magnitsky five years after his death by Russian civil society activists